HomeMy WebLinkAboutOrdinances_2807_CCv0001.pdf ORDINANCE NO. 2807
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS
AMENDING CHAPTER 9.10 RELATING TO AGGRESSIVE SOLICITATION
AND ADDING CHAPTER 9.14 TO THE REDLANDS MUNICIPAL CODE
RELATING TO MEDIAN ISLAND SAFETY
WHEREAS, the City Council of the City of Redlands ("City Council") desires to address
the safety of persons loitering in median islands and the secondary effects of disruption, delay,
and congestion of traffic; and
WHEREAS, the City Council has considered evidence presented to it concerning the
safety of individuals standing on median islands who have directed their activities at persons
traveling in vehicles on City streets, and the secondary effects of those activities on traffic,
moving vehicles, and/or those persons within moving vehicles; and
WHEREAS, the City Council also takes official note of the experiences of other cities in
California that median island activities directed at occupants of moving vehicles and vehicles
stopped at traffic lights present public safety hazards, and that such activities also lead to traffic
congestion and increased risk of accidents; and
WHEREAS, the City Council finds that evidence before it demonstrates that such
activities present safety hazards to the persons on the median islands, traffic congestion,
interference with passage on public streets, and other safety impacts which result from the
conduct occurring on or near the median islands, and not from the content or viewpoint of any
such speech activity in which any of them may be engaged; and
WHEREAS, the City Council finds and declares that its intent in enacting this Ordinance
is not to interfere with the exercise of First Amendment rights of persons lingering, loitering, or .
soliciting on median islands, but only to minimize the safety hazards to persons on the median
islands as well as the drivers of vehicles in a particular place and manner which minimizes those
safety hazards; and
WHEREAS, the City Council finds and declares that this Ordinance leaves open
significant and reasonable available channels of communication to persons who wish to
communicate their desire to obtain employment, contributions, or business, or convey a
particular message, and to persons who wish to make contributions,purchase goods and services,
hire those who are available for employment, or receive a particular message; and
WHEREAS, the City Council fords and declares that this Ordinance leaves significant
and reasonable available alternative channels of communication that include, but are not limited
to, cominunication with occupants of lawfully parked vehicles, and distribution of flyers and
similar materials to pedestrians and occupants of lawfully parked vehicles, and upon sidewalks
within the City;
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THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. 9.10.040 of the Redlands Municipal Code, entitled "Solicitation Prohibited
at Specified Locations," is hereby amended to read as follows:
"SECTION 9.10.040 Solicitation Prohibited at Specified Locations.
A. Banks and ATMs. No person shall solicit, ask, or beg within fifteen feet (15')
of any entrance or exit of any bank, savings and loan association, credit union, or check cashing
business during its business hours, or within fifteen feet (15') of any automated teller machine
during the time it is available for customers' use. Provided, however, that when an automated
teller machine is located within an automated teller machine facility, such distance shall be
measured from the entrance or exit of the automated teller machine facility. Provided further that
no person shall solicit, ask, or beg within an automated teller machine facility where a reasonable
person would or should know that he or she does not have the permission to do so from the
owner or other person lawfully in possession of such facility. Nothing in this section shall be
construed to prohibit the lawful vending of goods and services within such areas.
1. Definitions. For purposes of this section:
a. Automated Teller Machine: Any electronic information processing
device which accepts or dispenses cash in carmection with a credit,
deposit, or convenience account.
b. Automated Teller Machine Facility: The area comprised of one or
more automated teller machines, and any adjacent space which is made
available to banking customers after regular banking hours.
C. Bank: Any member bank of the federal reserve system, and any
bank, banking association, trust company, savings bank, or other banking
institution organized or operated under the laws of the United States, and
any bank, the deposits of which, are insured by the Federal Deposit
Insurance Corporation.
d. Check Cashing Business: Any person duly licensed as a check
seller, bill payer, or prorate pursuant to division 3 of the California
Financial Code, commencing with section 12000.
C. Credit Union: Any federal credit union and any state chartered
credit union, the accounts of which are insured by the administrator of the
national credit union administration.
f. Savings and Loan Association: Any federal savings and loan
association and any "insured institution" as defined in section 401 of the
national housing act, as amended, and any federal credit union as defined
in section 2 of the federal credit union act.
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2. Exemptions: The provisions of this subsection A shall not apply to any
unenclosed automated teller machine located within any building, structure, or
space whose primary purpose or function is unrelated to banking activities,
including, but not limited to, supermarkets, airports, and school buildings;
provided that such automated teller machine shall be available for use only during
regular hours of operation of the building, structure, or space in which such
machine is located.
B. Motor Vehicles and Parking Lots:
1. Motor Vehicles: It is unlawful to, or attempt to, solicit any person entering
or exiting any vehicle, so as to impede that person's movement, when such
vehicle is located within a public street, public or private driveway leading to a
public street, or public or private parking lot or structure.
2. Parking Lots: No person shall solicit, ask, or beg in any public parking lot
or structure between the hours of 7:00 p.m. and 7:00 a.m.
3. Exemptions: The provisions of this subsection B shall not apply to any of
the following:
a. To solicitations related to business which is being conducted on the
subject premises by the owner or lawful tenants;
b. To solicitation related to the lawful towing of a vehicle; or
c. To solicitation related to emergency repairs requested by the operator or
other occupant of a vehicle."
Section 2. Chapter 9.14, entitled "Median Island Safety," is hereby added to the
Redlands Municipal Code to read as follows:
"CHAPTER 9.14
Median Island Safety
9.14.010: Declaration of Purpose of Median Islands
9.14.020: Definitions
9.14.030: Prohibition of Lingering, Solicitation, or Loitering on Median Islands
9.14.040: Signs or Other Objects Prohibited
9.14.050: Distribution or Exchange of Objects Prohibited
9.14.060: Exceptions
9.14.070: Violation
9.14.010 Declaration of Purpose of Median Islands. The City Council hereby declares the
purpose of median islands within City streets is as follows:
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A. To promote safety by separating vehicular traffic traveling in one direction from
vehicular traffic traveling in the opposite direction;
B. To promote safety by providing a place of safety and respite for pedestrians while
crossing City streets at intersections and other approved crossings, particularly for the
elderly and disabled who may need additional time to safely cross City streets that traffic
signals allow; and
C. To improve the visual appeal of City streets.
9.14.020 Definitions. For the purpose of this Chapter, the following definitions shall apply:
A. "Linger" means remaining in a median island longer than two traffic signal
cycles, except in an emergency.
B. "Loitering" means standing or lingering in a median island for any purpose other
than to safely and lawfully cross the street, except in an emergency.
C. "Median Island" means a paved or planted area separating a street, or highway,
into two (2) or more lanes or directions of travel.
D. "Solicit" means any request made in person seeking an immediate request for or
donation of money, food, cigarettes or any other items of value, or for the purchase of an
item for an amount far exceeding its value, under circumstances where a reasonable
person would understand that the purchase is in substance a donation. "Solicit' also
means any verbal request, or any non-verbal request made with a sign, by a person
seeking an immediate donation of money, food, cigarettes, or any other items of value or
the request that items be purchased for any goods, wares, or merchandise or any article to
be delivered in the future, or for services to be performed in the future, or for making,
manufacturing, or repairing any article whatsoever for future delivery, or for
subscriptions to periodicals or tickets of admission to entertailunents or memberships in
any clubs.
9.14.030 Prohibition of Lingering, Soliciting, or Loitering on Median Island. It shall be
unlawful for any person to linger, solicit, or loiter on a median island within the City.
9.14.040 Signs or Other Objects Prohibited. No person shall bring any sign, material, or
other object on the median island that will obstruct any traffic signal light or extend into a traffic
lane or obscure any traffic sign on a median island. No person, sign, material, or other object on
the median island shall obstruct any traffic signal light or extend into a traffic lane or obstruct a
traffic sign on such a median island.
9.14.050 Distribution or Exchange of Objects Prohibited. No person, while standing on a
median island or by stepping off a median island, shall exchange any object with an occupant of
a motor vehicle.
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9.14.060 Exceptions.
A. This Chapter shall not apply to fieeway oriented solicitation prohibited by
California Vehicle Code Section 22520.5.
B. This Chapter shall not apply to those persons occupying a median while
conducting activities related to maintenance, surveying, construction, landscape
maintenance, landscape improvements, law enforcement, responding to an emergency, or
as otherwise permitted by law.
9.14.070 Violation. A violation of this Chapter is a misdemeanor, punishable in
accordance with Chapter 1.20 of this Code. In addition, the City Attorney shall also have the
power to seek injunctive relief for any violation of this Chapter."
Section 3. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or
portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 4. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
Redlands Daily Facts, a newspaper of general circulation within the City, and thereafter, this
ordinance shall take effect as provided by law.
t K-1
Fete Aguilar, Mayor
ATTEST:
Sam Irwin, City Clerk
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I, Sam Irwin, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly
adopted by the City Council at the regular meeting thereof, held on the 7th day of October 2014,
by the following vote:
AYES: Councilmeinbers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City Clerk
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